8.56.010 Definitions

As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:

"Ambient noise" is the noise which exists at a point of measurement in the absence of the sound emitted by the source being measured, being the total effect of all other sounds coming from near and far.

"dB(A)" means sound levels in decibels measured on an "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S 4-1970.

"Decibel" means the sound pressure level, in decibels, in a logarithmic unit used to express the magnitude of sound pressure with respect to a reference sound pressure.  It is defined as twenty times the logarithm to the base ten of the ratio of the sound pressure to the reference sound pressure.  By international standards, the reference sound pressure is 2 x 10-5 newtons/meter squared.  For example, a doubling of sound pressure, at any magnitude, will result in a six decibel increase in sound pressure level; a tenfold increase will result in a twenty-decibel increase in sound pressure level.

"Emergency work" is work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from exposure to danger or potential danger.

"Health" is defined as an optimal State of physical, mental and emotional well being and not merely the absence of disease.

“Motor Vehicle” means a vehicle propelled by its own power and designed or used to transport persons or property upon the highways of the state. (Ord. 2790, 2000)

“Reasonable Person” is a normal, healthy person of ordinary habits and sensibilities who is entitled to enjoy ordinary comfort of human existence and not the extra-sensitive or fastidious person or the hardened individual inured to such irritation or annoyance.  (Ord. 2790, 2000)

"Person" means any person, person's firm association, co-partnership, joint venture, corporation or any entity, public or private in nature.

"Zoning" for the purpose of this chapter, includes the following:

1. "Residential area"
   1. Residential-rural;
   2. Residential-suburban;
   3. Residential-suburban-trailer;
   4. Residential-one-family;
   5. Residential-one-family, restricted;
   6. Residential-two-family;
   7. Residential-multiple-family;
   8. Residential-Professional.
2. "Light commercial" includes:
   1. Commercial-limited.
   3. "Heavy commercial" includes:
   1. Commercial-highway;
   2. Commercial-general;
   3. Commercial-central.
   4. "Industrial" includes:
   1. Industrial-light;
   2. Industrial-heavy. (Prior code §6-1-11(A)).

8.56.020 Loud noises prohibited

It is unlawful for any person to make or cause to be made any excessive or unusually loud noise or any noise measured or unmeasured which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity within the limits of the City. (Prior code §6-1-11(B)).

8.56.030 Prohibited acts

It is unlawful to perform any of the following acts within the City:

1. Horns and Signaling Devices. Sounding any horn or signaling device on any truck, automobile, motorcycle, or other vehicle on any street or public place of the City except as a warning signal;
2. Sound Amplifying Equipment. Using, operating, or permitting the use of any radio receiving set, musical instrument, television, phonograph, or other machine or device for the production or reproduction of sound in such a manner as to disturb the quiet, comfort, or repose of any normally sensitive and reasonable person, or the operation of any such sets, instruments, television, phonographs, machine or device in such a manner as to be in violation of this chapter;
3. Operation of Sound Producing or Reproducing Equipment in or from a motor vehicle, either parked or in transport. The use or operation of any radio, compact disc or tape player, musical instrument, loud speaker, or any other device used to amplify any type of sound, or which causes a vibration at a level where the sound or vibration can be heard or felt at a distance greater than 50 feet from the exterior of the vehicle from which the device is being operated. Violation of this section shall be punishable by a graduated fine schedule starting with a minimum of a written warning and a maximum of $500. The following fine schedule is associated with violations of this subsection.

   1st offense	Written warning tracked by the court
   2nd offense	$30
   3rd offense	$70
   4th offense	$150
   5th offense	$500 (Ord. 2790, 2000)

4. Loud Speakers and Amplifiers for Commercial Purposes. Installing, using operating within the City a loudspeaker or sound amplifying equipment at levels in excess of those specified in Section 8.56.040 in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages, of persons in or upon any street, alley, sidewalk, park, place, or public property without first obtaining a permit;
5. Yelling and Shouting. Yelling, shouting, hooting, or whistling on the public streets, alleys, or parks at any time as to annoy or disturb the quiet, comfort, or repose of any normally sensitive and reasonable person;
6. Animals. Owning, keeping, having in possession or harboring any animals which, by frequent or habitual howling, barking, meowing, squawking, or any other noise as to disturb the quiet, comfort, or repose of any normally sensitive and reasonable person;
7. Exhausts. Discharging into the open air the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises there from;
8. Defect in Vehicle or Load. Operating any truck, trailer, automobile, motorcycle, or vehicle so out of repair or so leaded in such a manner as to create loud and unnecessary grating, grinding, rattling or other noises;
9. Loading, Unloading and Opening Containers. Loading, unloading, opening or other handling of boxes, crates, containers, garbage containers, or other objects in such a manner as to disturb the quiet, comfort or repose of any normally sensitive and reasonable person;
10. Construction Projects or Repair of Buildings. Operating equipment or performing any construction or repair work between the hours of eight p.m. and seven a.m. on buildings, structures or projects or operating any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction-type device in such a manner as to disturb the quiet, comfort or repose of any normally sensitive and reasonable person;
11. Exemption Clause. Any of the above acts performed for emergency work for the safety, welfare, and public health of the citizens of Great Falls and to the extent that the noise thereby created is reasonably necessary for the public benefit will not be construed to be in violation of this chapter. (Prior code §6-1-11(C)).

8.56.040 Noise levels--Limitations for structures and open spaces--dB(A) criteria--Table I

1. Maximum permissible decibel limits on noise emitting from source or sources not on a public right-of-way in residential, commercial, and industrial districts are as set out in this section.
2. Noise will be measured at a distance of twenty-five feet from the source or at the boundary of the lot, whichever is the greater distance. Noise radiating from properties or buildings in excess of the dB(A) established for the districts and times in Table I of this section shall constitute prima facie evidence that such noise is a public nuisance. This includes noise from such activities as production, processing, cleaning, servicing, testing and repair of vehicles, material, goods or products. Noises caused by home or building repair or grounds maintenance are excluded as provided in Section 8.56.060.

TABLE I

Limitations

Districts	8 a.m. to 8 p.m.	8 p.m. to 8 a.m.
Residential	55 dB(A)	50 dB(A)
Light commercial	65 dB(A)	60 dB(A)
Heavy commercial	70 dB(A)	65 dB(A)
Industrial	80 dB(A)	75 dB(A)

1. At boundaries between zones, the lower of the dB(A) level shall be applicable.
2. To be in violation, the source of sources of noise must be identifiable and the levels without regard to the ambient must exceed the limitations in Table I.
3. Periodic or impulsive noises are in violation when such noises are at a noise level of five dB(A) less than those listed in this section.
4. Construction projects shall be subject to the maximum permissible noise levels specified for industrial districts pursuant to any applicable construction permit issued by the building inspector, or if no time limitation is imposed, then for a reasonable period of time for completion of the project.
5. All railroad rights-of-way shall be considered as industrial districts for the purpose of this chapter, and the operation of trains shall be subject to the maximum noise levels specified for such district. (Prior code §6-1-11(D)).

8.56.050 Noise levels--maximum permissible for motorized vehicles--Table II

1. It is unlawful to operate a motorized vehicle within the City limits which emits noise, with the exception of sound producing equipment as defined in OCCGF.8.56.030(C) in excess of the limits specified in Table II below. (Ord. 2790, 2000)
2. Noise from a noise source within a public right-of-way shall be measured at a distance of at least twenty-five feet from the center of the nearest traffic lane on a sound level meter of standard design and operated on the "A" weight scale.

   TABLE II

   Maximum Permissible Noise Levels For Motor Vehicles

   Trucks and Buses. Over 10,000 pounds: 82 dB(A) measured at 50 feet 88 dB(A) measured at 25 feet Under 10,000 pounds: 74 dB(A) measured at 50 feet 80 dB(A) measured at 25 feet Passenger Cars. 74 dB(A) measured at 50 feet 80 dB(A) measured at 25 feet Motorcycles, Snowmobiles, Minibikes, and Other Self-propelled Vehicles. 74 dB(A) measured at 50 feet 80 dB(A) measured at 25 feet.

   (Prior code §6-1-11(E)).

8.56.060 Noise levels—exemptions

The following uses and activities shall be exempt from noise level regulations:

1. Noise of safety signals and warning devices;
2. Noise resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;
3. Noise resulting from emergency work or noise for which a special permit has been granted, as provided for in Section 8.56.080;
4. Noise resulting from the operating of motorized lawnmowers fitted with equipment-type mufflers between the hours of eight a.m. and eight p.m.;
5. Noise caused by home or building repair or grounds maintenance between the hours of eight a.m. and eight p.m.;
6. Athletic events held in stadiums or parks; G. Noise resulting from marching bands and drum and bugle corps while practicing or parading, in accordance with the provisions of Section 10.39.060. (Ord. 2246, 1981; Prior code §6-1-11(F)).

8.56.070 Noise—measurement

For the purpose of determining and classifying any noise as excessive or unusually loud as prohibited by this chapter, the following test measurements and requirements may be applied; but a violation of Section 8.56.020 may occur without the following measurements:

1. The noise shall be measured on a sound level meter meeting current American National Standards Institute standards, operated on the "A" weighted scale;
2. In all sound level measurements, the ambient noise shall be at least ten dB(A) below the specific noise source being measured; or
3. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time of the sound level measurement. (Prior code §6-1-11(G)).

8.56.080 Relief permit

Applications for a permit for relief from the noise level designated in this chapter on the basis of undue hardship may be made to the chief of police. Any permit granted by the Chief of Police shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The Chief of Police may grant the permit applied for if he finds that:

1. The additional time is necessary for the applicant to alter or modify the activity or operation to comply with this chapter;
2. The activity, operation or noise source will be of temporary duration, and cannot be performed in the manner that would comply with other sections of this chapter;
3. No other reasonable alternative is available to the applicant;
4. The Chief of Police may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. (Prior code §6-1-11(H)).

8.56.090 Enforcement

The Chief of Police shall assign duties of enforcement to personnel trained in noise control techniques and procedures and equipped with sound level meters of a standard design. Enforcement of OCCGF 8.56.030(C) rests solely with the police officer responding to the call or hearing the violation. Officers have discretion in considering options available, including issuing a warning, a notice to appear, or arresting the violator. (Ord. 2790, 2000; Prior code §6-1-11(N)).

8.56.100 Violations--from moving noise source or sources

Violations of this chapter in which the noise source is a truck, bus, passenger car, motorcycle, snowmobile, minibike, or other self-propelled vehicle shall be cause for summons and warrant to issue forthwith. Machines or devices not customarily used or designed for transportation are excluded from this section. (Prior code §6-1-11(L)).

8.56.120 Violations—penalties

Whenever in any section of this chapter or rule or regulation promulgated under this chapter, the doing of any act is required, prohibited or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person who is convicted of a violation of any such section shall, for each offense, be fined in a sum of not more than three hundred dollars or imprisoned not to exceed ninety days, or both so fined or imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Prior code §6-1-11(I)).

8.56.130 Violation--additional remedy—injunction

As an additional remedy, the operation or maintenance of any noise source in violation of any provision of this chapter and which causes discomfort and annoyance to any reasonable person of normal sensitivity or which endangers the comfort, repose, health or peace of residents in the area shall be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Prior code §6-1-11(J)).